The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-12-10
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from the intent of the law, means
permanent gains and positions.
If further, the term "employee"
should be Interpreted, in connection
with my second argument, to mean
any body simply employed by the
Government, and hence to include
the gentlemen above alluded to ms
being employees of the Government,
permit me to quote from Gerney V.
A. & G. w. R.R. Co., 2 N. Y. s. G.
453. The word employee" is
from the French, but has become
naturalized in our language. Strictly
and etymologicalIy it means "a
person employed;" but, in practice
in the French language it is ordin-
arily used to signify person in
some official employment. AS used
with us, though perhaps not con-
fined to any official employment, it
is understood to mean some permd-
nem employment or position.
Hence the spirit of the law, even to
a tyro like myself, in these matters,
cannot possibly be construed any
other way but to mean permanent
Government employ or position OF
the above mentioned gentlemen,
which they have not got. The
spirit of this whole article is best
understood by recalling the status
of existing circumstances under the
regime of Pa Gibson, lately of green
heart and too much "widder" noto-
riety. Under that law every Gov
ernment official or which is synony-
nous, Government permanent en-
pleyee was eligible, to become a
member of the Assembly and could,
through this privilege, raise his own
salary, increase his own power, and
act, in fact, for his own benefit by
casting his vote in the Legislature.
take it that to counteract this de-
trimental, selfish and unpopular
power. Article 20 was enacted.
Put this case for an example: II
every lawyer in the Kingdom was in
the Legislature, and the Attorney
General nor his deputy could under
the circumstances leave their offices
to attend to the courts of the other
Islands on behslf of the Crown.
Who could the Acknowledgement
empower to act for him? BY
the construction of the thirty-one
members who voted for CEN
sure, simply nobody! This surely
is a hardship on the prosecuted
who might be innocent men, nor is
it the desire of the people from that
reason. Article 40 says: The Leg
islature shall be the judge of the
qualifications of its town" men,
bers, except as may be hereafter
provided by law, etc., etc. Con-
corning this | also maintain that the
Cabinet Ministers are not members
of the Legislature in the same spirit
of the law as are the elected MEM
bers of the people. 1t stands to
reason. Under a Constitutional
Government the Cabinet is to some
extent opposed to some part of the
Assembly, as far as party and policy
is concerned, if then, the party of
the Cabinet is in majority no vote
of censure could ever be carried; if
they are in minority they would
suffer accordingly. This surely is
not the intent of Constitutional Gov
eminent. Therefore, say, Article
40 does not give that body the power
to interprete the law of the King
dom as enacted by the Cabinet
much less to pass their judgment on
an untried constitutional clause.
Another significant commission is
that in our whole New Constitution,
there has not been one word
written, or set down what course
either the Executive, Legislative, or
Judiciary has to pursue in case of
an emergency arises of members
being found violating the Constitu-
ton and thereby torfeiting their
seats. In view of all this it seems
to me, the point or question arises:
Has the Legislative Assembly
right to pass or interpret constitu
tional law? | maintain by the letter
or spirit of our New Constitution
the Legislative Assembly has not.
Surprising they are all laymen, not a
lawyer among them, would it be
right or just to have decision of
such grave Importance to them to
decide? Their best and only course
in the opinion of men who ought to
know, is to issue an injunction
against the offender and get the
decision of the Supreme Court and
abiding by this; let them stand or
fall.
In conclusion / would respectfully
submit that the limited time of the
Legislature could not be better en-
ployed than by amending the clause
in question and providing for an
emergency of this kind. Now is
your time, gents, it will not be
wasted, saving many future, dissen-
tons and unnecessary arguments.
To avoid being accused of being
ignorant of law, to avoid further,
all personalities, / would beg to say
that / admit my fragrant want of
knowledge of the legal profession,
never having as much as opened a
law book in my life for study. l
anxiously request some of the
public who are versed in such mat
tiers, to point out my errors. l
simply came to this conclusion by
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